Examples of Exit Term A Loans in a sentence
On the Effective Date, the applicable Consenting Senior Noteholders will consummate the Term Loan Purchase by purchasing, in the aggregate, $31,250,000 in principal amount of Exit Term A Loans on a pro rata basis from the Option 1 Lenders for an aggregate payment in Cash of $31,250,000 paid to the administrative agent for the Exit Term A Loans for the benefit of the Option 1 Lenders in accordance with their Option 1 Pro Rata Share.
Without any further documentation or payment, the administrative agent for the Exit Term A Loans shall record the Term Loan Purchase in the register of the Lenders (as defined in the Exit Facility) with respect to such $31,250,000 in Exit Term A Loans.
For the avoidance of doubt, a Holder electing Option 2 shall not receive any portion of the Lender Paydown, Exit Revolving Loans, or Exit Term A Loans.
Rather, each Holder electing Option 2 shall receive only its Option 2 Pro Rata Share of the Exit Term B Loans in a principal amount equal to the Pro Rata distribution it otherwise would have received with respect to the Lender Paydown, Exit Revolving Loans, and Exit Term A Loans.
Neither the Debtors’ nor a holder’s determination is binding on the IRS, however; accordingly, there is no assurance that the IRS will not successfully assert a contrary position.If (as is anticipated) the Exit Term A Loans are considered traded on an established market, the issue price of the Exit Term A Loans will equal their fair market value on the Effective Date.
Option 1: If the Holder elects (or is deemed to elect, upon its execution of the Exit Facility Credit Agreement) Option 1 on its Ballot, it shall also receive its Option 1 Pro Rata Share of: (i) the Lender Paydown; (ii) the Exit Revolving Loans; and (iii) the Exit Term A Loans -or- Option 2: If such Holder elects Option 2 on its Ballot, it shall also receive its Option 2 Pro Rata Share of the Exit Term B Loans.
If the Exit Term A Loans or the Exit Term B Loans (as the case may be) are not treated as traded on an established market for OID (including by reason of the small issuance exception), but the Prepetition Lender Claims are so treated, the issue price of such loans will be based on the fair market value of the Prepetition Lender Claims.
Each Holder of an Allowed Lender Claim that participates in the Exit Facility shall receive its Option 1 Pro Rata share of the (a) Exit Revolving Loans and the Revolving Commitments, (b) Exit Term A Loans (in the case of (a) and (b) by participating as a Lender under the Exit Facility), and (c) Lender Paydown, pursuant to Article III.B.4. The Exit Facility shall be on terms set forth in the Exit Facility Documents and consistent with the terms set forth in the Exit Facility Term Sheet.
If the Exit Term A Loans and/or the Exit Term B Loans are treated as contingent payment debt instruments, the Debtors must construct a “projected payment schedule” for whichever loans are treated as contingent payment debt instruments (hereafter referred to as “contingent term loans”).
If the Debtors determine that the Exit Term A Loans, the Exit Term B Loans and/or the Prepetition Lender Claims are traded on an established market, such determination will be binding on all holders, other than a holder that explicitly discloses its inconsistent treatment on a timely-filed U.S. federal income tax return for the taxable year that includes the Effective Date, the reasons for its different determination and, if applicable, how the holder determined the fair market value.